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DEW v. BAY AREA HEALTH DIST.

09CV0101; A145619.

278 P.3d 20 (2012)

248 Or. App. 244

Randy DEW, Personal Representative of the Estate of Donna Jones, Deceased, Plaintiff-Appellant, v. BAY AREA HEALTH DISTRICT, dba Bay Area Hospital; North Bend Medical Center, Inc.; Radiology Associates, PC, an Oregon corporation; and Philip Keizer, M.D., Defendants, and Steven Tersigni, M.D., Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 15, 2012.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the briefs were John T. Devlin and Rosenthal Greene & Devlin, P.C.

Matthew J. Kalmanson, Portland, argued the cause for respondent. On the brief were Marjorie A. Speirs and Hoffman Hart & Wagner, LLP.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

This is a wrongful death action in which plaintiff, the personal representative of the decedent's estate, alleged that multiple defendants committed medical malpractice causing decedent's death. The jury found that only Dr. Tersigni (defendant) was negligent, but also found that his negligence did not cause decedent's death. Plaintiff limits his appeal to the judgment entered in favor of defendant, raising three assignments of error. He asserts that the...

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